BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1058
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          SENATE THIRD READING
          SB 1058 (Harman)
          As Amended  August 16, 2010
          Majority vote 

           SENATE VOTE  :33-0  
          
           WATER, PARKS & WILDLIFE      11-0                    
          APPROPRIATIONS      17-0                            
           
           ----------------------------------------------------------------- 
          |Ayes:|Huffman, Fuller,          |Ayes:|Fuentes, Conway,          |
          |     |Anderson, Arambula, Tom   |     |Bradford,                 |
          |     |Berryhill, Blumenfield,   |     |Charles Calderon, Coto,   |
          |     |Caballero, Fletcher,      |     |Davis,                    |
          |     |Bonnie Lowenthal, Salas,  |     |De Leon, Gatto, Hall,     |
          |     |Yamada                    |     |Harkey, Miller, Nielsen,  |
          |     |                          |     |Norby, Skinner, Solorio,  |
          |     |                          |     |Torlakson, Torrico        |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Establishes an Upland Game Bird Account and a Big Game  
          Management Account within the Fish and Game Preservation Fund  
          (FGPF).  Specifically,  this bill  :

          1)Establishes an Upland Game Bird Account (UGBA) within the  
            FGPF, and requires that all funds from the sale of upland game  
            bird validations and stamps be deposited in the UGBA to permit  
            separate accountability for the funds.  Requires that funds in  
            the UGBA be available for expenditure, upon appropriation of  
            the Legislature, to the Department of Fish and Game (DFG)  
            solely for acquisitions, projects and programs to benefit  
            upland game bird species, to expand public hunting  
            opportunities and for related public outreach, including  
            enhancing upland game bird habitat.

          2)Authorizes DFG to use funds in the UGBA for contracts or  
            grants to nonprofit organizations, including for related  
            habitat conservation projects, and for related reasonable  
            administrative and enforcement costs.  Requires an advisory  
            committee, composed of nonprofit organizations representing  
            licensed hunters, to review and provide comments to DFG on all  
            proposed projects, and requires DFG to post information on its  
            Web site on all projects funded from the UGBA.








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          3)Establishes a Big Game Management Account (BGMA) within the  
            FGPF, and requires that all revenues from the sale of  
            antelope, elk, deer, wild pig, bear, and sheep tags be  
            deposited in the BGMA to permit separate accountability for  
            the funds.  Requires that funds in the BGMA be available for  
            expenditure, upon appropriation of the Legislature, to DFG  
            solely for acquisitions, projects and programs to benefit  
            antelope, elk, deer, wild pigs, bear, and sheep, to expand  
            public hunting opportunities, and for related public outreach.

          4)Authorizes DFG to use funds in the BGMA for contracts or  
            grants to nonprofit organizations, including for related  
            habitat conservation projects, and for related reasonable  
            administrative and enforcement costs.  Requires an advisory  
            committee, composed of nonprofits representing licensed  
            hunters, to review and provide comments to DFG on all proposed  
            projects, and requires DFG to post information on its Web site  
            on all projects funded from the BGMA.

               

           EXISTING LAW  :

          1)  Requires that revenues from the sale of upland game bird  
            stamps and hunting validations be deposited in the FGPF and  
            used to benefit upland game bird species and for related  
            hunting opportunities and public outreach.  Requires DFG to  
            maintain internal accountability necessary to ensure  
            restrictions and requirements for expenditure of these funds  
            are met.

          2)  Requires that revenues from the sale of tags for the taking  
            of antelope, elk, deer, wild pig, bear and sheep be deposited  
            in the FGPF, and requires that revenues from the sales of tags  
            for each game species, with some exceptions, be used only for  
            programs related to that game species.  Revenues from the sale  
            of deer tags are continuously appropriated for deer herd  
            management.

          3)  Requires the director of DFG and the Secretary of the  
            Natural Resources Agency, with DFG's annual budget submittal  
            to the Legislature, to submit a report on the fund condition  
            for all accounts and subaccounts within the FGPF.








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           FISCAL EFFECT  :   

          1)Minor, absorbable one-time costs to establish the UGBA and  
            BGMA accounts (FGPF).

          2)Redirection of approximately $8.7 million in nondedicated  
            funds from the FGPF to the two subaccounts created by this  
            bill, of which about $7.2 million would go to the BGMA and  
            about $1.5 million to the UGBA.

          3)Minor ongoing costs to DFG, likely less than $50,000 annually,  
            to administer funds and maintain required fund information on  
            its Web site (FGPF).

           COMMENTS  :  This bill establishes a new consolidated BGMA within  
          the FGPF.  Proceeds from the sale of tags to hunt antelope, elk,  
          deer, wild pig, bear and sheep would be deposited in the BGMA  
          and available, upon appropriation, for use for programs  
          benefiting these species.  Currently, revenue from each of these  
          game species tag sales is deposited in the FGPF, but the law  
          requires that revenues from the sale of tags for each species be  
          used for expenditures related only to that species.  The aim of  
          this bill is to both provide for better accounting by requiring  
          that the funds go into a consolidated BGMA, and to provide for  
          greater flexibility by allowing the pooling and use of these  
          revenues on projects of benefit to more than just one species.   
          This bill also authorizes DFG to use the funds for grants to  
          nonprofits, and requires an advisory committee, composed of  
          nonprofits representing licensed hunters, to advise DFG on all  
          proposed project expenditures.

          This bill also creates in statute an UGBA.  Current law requires  
          DFG to maintain the internal accountability necessary to ensure  
          that funds from the sale of upland game bird stamps are used for  
          programs, projects and acquisitions to benefit upland game bird  
          species and related hunting opportunities, but does not  
          specifically require that the funds be kept in a separate UGBA.   
          This bill also authorizes funds in the account to be used for  
          grants to nonprofit organizations, and requires an advisory  
          committee, composed of nonprofits representing licensed hunters,  
          to advise DFG on all proposed project expenditures.

          The author states that this bill has been introduced to provide  








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          greater transparency, government accountability and oversight,  
          and to ensure that hunting license tag and stamp funds are used  
          to benefit game species and their habitats.   

          Supporters assert this bill will provide oversight to ensure  
          that revenues generated through hunting license tag and stamp  
          sales are spent for conservation of game species and their  
          habitats.  Supporters cite a 2006 Legislative Analyst's Office  
          (LAO) report which found that DFG had been addressing shortfalls  
          in certain accounts within the FGPF by shifting funds to other  
          accounts, and as a result some dedicated funds were being used  
          for purposes not authorized by statute.   According to the LAO,  
          DFG has taken steps since that report was released to address  
          those problems and to provide better accounting.  Supporters  
          believe this bill will help to more fully address this problem  
          over the long-term, and ensure the funds are used for their  
          intended purposes by requiring DFG to consult with nonprofit  
          groups on proposed projects, while also giving DFG greater  
          flexibility by consolidating funds and allowing revenues to be  
          used to benefit all game species.


           Analysis Prepared by  :    Diane Colborn / W., P. & W. / (916)  
          319-2096


                                                               FN:  0006074